Use AP to fix EWI situation

DREAMers who entered the United States without inspection (EWI) are (in the absence of an amnesty that would forgive that crime) cannot adjust their status in the United States even if they are otherwise eligible to do so, for example, by virtue of marriage to a US citizen.  They will need to undergo consular processing with the risk that they me barred from entering the United States for a number of years depending on the time spent under unlawful status in the country.  Under very special circumstances, they can ask for a waiver of that ban by filing USCIS Form I601A and then wait only for days/weeks in their native countries, but this privilege is only available if they can demonstrate that undue hardship will be caused to their citizen family members.

It turns out that some DACA approved DREAMers are exploiting a loophole in the law to erase the entry without inspection mark on their immigration history.  This is how they are successful in doing it:


 
  1. Fabricate an excuse to travel overseas for humanitarian reasons (e.g. it is common in most poor countries to bribe medical professionals to furnish fake medical documents for a sick individual, even if the person never existed or has been dead for decades, apparently sick grandparents are popular relatives).
  2. File for advanced parole (USCIS Form I-131).
  3. After approval travel abroad.
  4. Enter the US legally at a border checkpoint (airport or land crossing), present a valid passport, AP paperwork, and be legally admitted to the US (a valid I-94 is now available).
  5. File for adjustment of status within the US
So is this process worthwhile?  Yes, but only for those who can adjust their status in the US by virtue of marriage or whatever other privilege you have.  An advanced parole approval is not guaranteed to everyone who applies (while there is no penalty for rejection if the USCIS suspects that you are engaging in fraud or your case is not genuine, the rejection will stay on your immigration record and can be a factor in future immigration decisions  -- it should not affect your DACA directly) and you are also not guaranteed reentry into the US.  You may actually be turned away at the airport and a bar maybe imposed upon you.  This is a huge risk and that is why many legal experts have been recommending DREAMers to not leave the country.

If you still wish to proceed, get your paperwork before leaving (while you will not need the AP documents to leave the US, if you leave without an approval in hand, and then find out overseas that your application is denied, you will not be able to return), have a valid passport with you before leaving (you will need it to enter your country if flying, unless it is Mexico where you can simply cross the border) because you will need it to enter the US and your passport will then be stamped by the border agent, and then come back within the time indicated on the AP.  At the origin airport, you will be cleared to leave if you have a valid passport and AP paperwork.  While clearing immigration in the US, be prepared for questioning by the agent.

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